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SolicitorRM, Solicitor
Category: European Law
Satisfied Customers: 3879
Experience:  Director and Principal Solicitor. UK
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Is there the usual statutory 14 day cooling off period for

Customer Question

Is there the usual statutory 14 day cooling off period for this subscription?
Submitted: 4 days ago.
Category: European Law
Customer: replied 4 days ago.
I categorised this question as European law as there was no UK law option available
Expert:  SolicitorRM replied 4 days ago.

Hi thank you for your enquiry and patience. There wouldn't be unless you are willing to wait till day 15 to get guidance on the platform. Was that your question or you have a legal question that I can look to guide you on please?

Customer: replied 4 days ago.
I’m not sure that waiting until day 15 would fall within the 14 days. Most agreements have a cooling off period when you sign up in case you change your mind about it. This is what I am referring to.
Expert:  SolicitorRM replied 4 days ago.

You question is very broad, but assuming you are asking about application of the cooling off period to the membership with JA as it is a service offered online and not "on-premises or face to face" then you ought to be guided by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Section 30 which is essentially the cooling off period provides:

30.—(1) The cancellation period ends as follows, unless regulation 31 applies.

(2) If the contract is—

(a)a service contract, or

(b)a contract for the supply of digital content which is not supplied on a tangible medium,

the cancellation period ends at the end of 14 days after the day on which the contract is entered into

Your right to cancel is provided under clause 29 and the same clause gives you the exceptions and relevant to your question is section 29(1)(d) which states:

29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions—;

(d)regulation 36(4) (where consumer requests early supply of service).

Finally under section 36 you lose the right to cancel if the service has been provided and with your acknowledgement.

So yes all distance, off-premises contracts have the 14 days cooling off period however depending on the actions of both consumer and trader during that 14 day period that right to cancel is qualified.

I hope this helps and I would be grateful for your rating at your earliest convenience. all the best

Customer: replied 4 days ago.
Ok thank you. So effectively what you are saying is that, ironically, because I have asked this question, outside of the initial £5 7 day trial, my right to cancel within 14 days from 23 Jun is lost?
Expert:  SolicitorRM replied 4 days ago.

Strictly speaking because you agreed to the service being offered during the first 14 days you cannot purport to rely on the cooling off period. However I do not know what your terms of using JA are as a customer, I use the platform much in the same way as you do but just as a solicitor, so I am bound by my own expert terms. I understand however that JA ethos is to aim to please you the customer and as such if you wish to cancel your membership you should just email them at***@******.*** and make your request. All the best.